Annotation

This paper analyzes the current law enforcement practice and scientific works related to the problem of legal qualification of the claim for the return of previously transferred property under the terminated breached contract. The author concludes that the current regulatory framework makes it possible to qualify the analyzed claim both in accordance with the extra-contractual concept of unjust enrichment and in accordance with the contractual theory of «transformation». Despite the external fluctuation of approaches of arbitration practice and relative brevity of the text of normative sources, the author concludes that it would be more correct to state that in Russian civil law regulation the analyzed claim should be qualified as a contractual claim, which is stated at a special liquidation stage of contractual legal relations.